Like previous speakers I commend the Minister and his officials on this Bill, which we have been awaiting for some time. We were told it would be comprehensive, and that it is. I am glad speakers from the Opposition benches have complimented the Minister on this Bill and on the number of other Bills he has introduced. Only a few weeks ago we heard other Opposition Members, though not the same people, condemning him.
Listening to some of the contributions one might think that only pubs are affected by the Bill, but far from it. That is probably one of the reasons the Minister and his officials deliberated on the Bill for so long. It is very difficult to please all Deputies, as we all have different views, but be that as it may, the Minister must have done a very good job if Deputies from all sides are commending him. This is the most fundamental Bill to review and update the existing licensing Acts. Legislation in this area dates back to 1833 and in essence, this Bill updates and consolidates legislation over a period extending back 167 years. That is not a simple task. Extensive and widespread consultation was needed between the Minister, the Government and interested parties, of which there are many. The Bill touches on many aspects of society and those of us representing rural areas, more so than urban Deputies, will know that drink has a big say in the social life of rural Ireland. People in rural Ireland do not have the theatre or other luxuries that city people have; instead they have the pub. The pub is a place for chat and company, particularly for those who are not married, and whether they are farmers or have other jobs, going to the pub one or two nights a week may be their only enjoyment.
The Bill sets out the rights and duties of pub, hotel and club owners in selling intoxicating liquor as well as the rights of service for off-licences. It also updates legislation relating to drinking licences for clubs and consolidates legislation in this field which dates back to the Registration of Clubs Act, 1904, as well as dealing with drinking at racecourse meetings and greyhound racetracks. When one considers the Bill touches on pubs, off-licences clubs, hotels, racecourses and greyhound tracks, it is clear that it is important social legislation. I commend the Minister on his determination and courage in facing up to the need to update legislation in this area, as this would not be an easy task for him or the Government. Many other Governments shied away from the key issue of updating the licensing legislation, which was archaic and outdated in many respects. As a result of widespread consultation with all interested groups, this Bill, which has been passed by the Seanad, should be supported by Deputies, as it is a full and composite Bill, spanning 24 pages and incorporating five different Parts.
Deputy Ring made a valid point about six-day licences. He mentioned a figure of more than 100 six-day licences, but I understand there are approximately 600 such licences. From my reading of the Bill, any person with a six-day, or restricted, licence for a period of five years immediately preceding the commencement of the Bill can, on payment of £2,500 to the Revenue Commissioners, have the licence upgraded to a seven-day licence. I commend the Minister on that. I do not know of any six-day licences in my constituency, though I remember them from years ago, and I realise that some people probably had the foresight to buy up many of these licences. I understand the Minister's intentions when including this provision.
Part 1 is preliminary in nature and refers to the wide variety of Bills it is intended to update, including the Licensing Act, 1902, which is still one of the core Acts governing the sale of intoxicating liquor, though it and other Acts dating back over 167 years are to be updated. The Bill also gives definitions for the operation of different licences.
Part 2 updates the hours when publicans will be entitled to serve drink. Those who lobbied, be they hoteliers, vintners or restaurateurs, are entitled to do so, though it is difficult to please everyone. The last time I spoke on this Bill, in December, I declared an interest, but tonight I do not have that interest. I am trying to be fair as possible and do not want to be seen as selfish. I have been involved in the vintner's trade in my time and it was difficult for vintners to look for additional hours as the hours were very long as they were. However, customers being what they are, they demanded additional time at night as there are so many clubs in operation and publicans did not want to see their customers go elsewhere later in the night. To update the hours when publicans will be entitled to serve drink, required the amendment of section 2 of the Intoxicating Liquor Act, 1927, as well as the other Intoxicating Liquor Acts of 1960, 1962, 1988 and 1995. Businesses selling alcohol are prohibited from serving alcohol on Christmas Day and Good Friday and that is only right and proper. There can be certain restrictions where people are resident in hotels and it can be awkward at times, but in fairness I have not found people to be overly demanding on Good Friday. Christmas Day was different, though Good Friday can be a little awkward in that respect.
Drink can be sold between 12.30 p.m. and 12.30 a.m. on St. Patrick's Day, between 10.30 a.m. and 11.30 p.m. on Christmas Eve and the eve of Good Friday and between 12.30 p.m. and 11 p.m. on Sundays. Everybody will be glad that the holy hour between 2 p.m. and 4 p.m. on Sunday has been abolished. It was a nuisance, especially during the summer when there are matches and games. It was not too bad in the winter. On other Mondays, Tuesdays and Wednesdays, drink can be sold between 10 a.m. and 11.30 p.m. and between 10.30 a.m. and 12.30 p.m. on Thursdays, Fridays and Saturdays.
Sunday nights used to be extremely busy for a number of months during the year in rural areas. Now, however, it is not as good. Friday and Saturday nights are the important nights now. There are no seaside resorts in my constituency but my constituents holiday in places such as Ballybunion, Lahinch or Kilkea. They find that 11 p.m. closing on Sunday nights during July and August is useful, especially if they have to get children to bed. I do not have a strong opinion on the matter but perhaps the Minister would consider an extension of another hour on Sunday nights for the summer months of July and August.
The Bill provides for sensible extensions to the time limits in which alcohol is permitted to be served in pubs. It abolishes the holy hour on Sunday afternoons and lengthens pub opening hours for Thursdays, Fridays and Saturdays, the key nights for social occasions and outings for many people. These changes are not as dramatic as were sought by some people but I doubt that a man has been born who could occupy the office of Minister and satisfy everybody. It is impossible to do so in the case of the liquor trade. Wholesale extensions to opening hours would not have served or functioned adequately
Part 2, Section 5 relates to the amendment of special exemption orders and updates section 4 of the Public Dance Halls Act, 1935. In future a special exemption order shall expire in cases where it extends to any Monday at 1 a.m. or in any other case at 2.30 a.m., unless the appropriate court for stated reasons considers it expedient to grant the order for a shorter period. A court should not grant a special exemption order in respect of any premises unless it is satisfied that the special occasion mentioned in section 5 will be conducted in a manner which will not cause undue inconvenience to persons residing in the vicinity of those premises.
Section 4 of the Public Dance Halls Act, 1935, is amended as follows:
. a public dancing licence granted by virtue of this Act shall be deemed to be a licence that permits public dancing in the place to which the licence applies for a period not exceeding thirty minutes after any period in respect of which a special exception order (within the meaning of the Licensing Acts, 1833 to 2000) is in force in respect of that place.
Section 7 deals with the rights of clubs to serve intoxicating liquor to their members. On "Morning Ireland", this morning a prominent gentleman put forward his case in this regard, as he is entitled to do like the hotel owners, restaurateurs and nightclub owners. However, such clubs must be registered in accordance with the Registration of Clubs Acts, 1904 to 1999. I have no axe to grind with regard to clubs. In certain areas one can make a good case for them, especially for GAA or rugby clubs in small rural towns which run discos one night a week. Without the money they make from the discos they would probably be unable to survive. However, one can also make a case that a small hotel in the town which operates a small function hall will suffer. It is a difficult decision to make but I believe the Minister has taken the correct approach.
Section 9 deals with area exemption orders. It states that not more than "six orders under the section having effect in any particular year shall be made in respect of any particular locality". Part 3 of the Bill relates to provisions concerning drinking by under-age persons. I believe that 99% of people will commend the Minister for this. I have been requested by the licensed vintners to point out that 99% of them are not in favour of selling drink to under-age persons. However, it is a nightmare for an owner of a licensed premises to find out the age of a person without proper identity cards.
I am lucky in not having experienced that type of young trade but the people I know who have a young trade find it extremely difficult to deal with this problem. If somebody under-age is found on the premises, they believe the law is too harsh. I understand the Minister's objective in this matter. If the law were not so harsh, the 1% or 2% of people who sell liquor to under-age persons would not get the message. The penalty is a temporary closure of seven days in respect of a first offence and of not less than seven and not more than 30 days in respect of a second offence.
The penalty of temporary closure will have the effect, we hope, of ensuring that pub owners will not under any circumstances knowingly provide drink to under-age persons. If somebody I did not know visited the licensed premises and I did not think they were well over 18 years, I refused to serve them drink and told them we could only serve people over 22 or 25 years of age. It is a difficult call to make and I am aware the Minister had a problem dealing with the matter.
Under section 14, "it shall be a defence for the defendant to prove that the person in respect of whom the charge is brought produced to him or her an age card relating to that person". It will also be a defence for the defendant "to prove that he or she used all due diligence to prevent the person under the age of 18 years in respect of whom the charge is brought from being admitted to the part of the licensed premises which is used on foot of an exemption order".
Reference has been made to off-licences in the context of under-age drinking. I tried to ascertain from a garda recently the law with regard to off-licences selling alcohol to under age persons. It is terrible to see young people of 15 and 16 years walking through the streets at night with bags filled with cans of cider and other alcohol. Usually they will congregate in inappropriate places where problems arise and residents call the gardaí. When the gardaí arrive, however, they tell the residents there is nothing they can do.
Perhaps the Minister would explain the law in this regard. I can relay it to the gardaí who told me there were no licensing laws under which they could stop this type of behaviour or prevent off-licences selling drink to under-age people. If these off-licences can be proved guilty of selling alcohol to under-age people, there is no reason they should not suffer the same consequences as the publicans and hoteliers who commit the same offence.
I wish to take this opportunity to congratulate the Minister, Deputy O'Donoghue, and his officials for bringing forward this sensible and innovative legislation. The Bill is balanced and fair and has been brought forward following extensive consultations which lasted three years. Having consulted with the Minister and interested groups, I thank him sincerely for his briefings at all times. Members of this House should support this sensible and pragmatic legislation.